Search Results for: AFFIANT

manus

manus (may-n[schwa]s), n. [Latin “hand”] 1. Roman law. The power exercised by the head of a family over all its members and slaves; esp. a husband’s power over his wife; marital subordination, which accompanied most marriages in early Rome. 2. Hist. A compurgator, or the oath taken. • This usage of manus may stem from

manus Read More »

complainant

complainant (k[schwa]m-playn-[schwa]nt). 1. The party who brings a legal complaint against another; esp., the plaintiff in a court of equity or, more modernly, a civil suit. “A suit in equity, under the procedure of the English Court of Chancery, which was generally adopted in the American States prior to the code, is instituted by the

complainant Read More »

depose

depose (di-pohz), vb. 1. To examine (a witness) in a deposition (the defendant’s attorney will depose the plaintiff on Tuesday). [Cases: Federal Civil Procedure 1311–1456; Pretrial Procedure 91–227. C.J.S. Discovery §§ 2, 4, 6–7, 9–10, 12–32, 34–61, 69, 77, 125; Pretrial Procedure§§ 4–6, 10–17, 24, 33, 35–54, 63–66, 70–72, 74, 76–77, 109–129, 132–138.] 2. To

depose Read More »

incompetence

incompetence, n. 1. The state or fact of being unable or unqualified to do something (the dispute was over her alleged incompetence as a legal assistant). 2. INCOMPETENCY (the court held that the affidavit was inadmissible because of the affiant’s incompetence).

incompetence Read More »

verification

verification, n. 1. A formal declaration made in the presence of an authorized officer, such as a notary public, or (in some jurisdictions) under oath but not in the presence of such an officer, whereby one swears to the truth of the statements in the document. • Traditionally, a verification is used as a conclusion

verification Read More »

personal knowledge

Knowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said. • Rule 602 of the Federal Rules of Evidence requires lay witnesses to have personal knowledge of the matters they testify about. An affidavit must also be based on personal knowledge, unless the affiant makes it

personal knowledge Read More »

Scroll to Top